The investigation into VAT fraud, conducted in 2019 by the territory Attorney's Office in Toruń, present returns to the front pages of newspapers not due to a breakthrough in the case, but through shocking information about political pressures that were to lead to an unlawful release from the detention of 1 of the suspects. The focus is on Michał Ostrowski – the current Deputy lawyer General, in the past 1 of Zbigniew Ziobry's closest colleagues.
Arrest that did not take place
In June 2019, the Toruń prosecution detained Kinga R., suspected of participating in a crime involving VAT fraud and money laundering. Investigators have determined that a female has paid out respective 100 1000 zlotys from ATMs, coming from fraud. 2 Ukrainian citizens were besides to be involved.
The prosecutor investigating the case applied for temporary detention, arguing with fear of harassment. The application came to court on June 6, 2019 at 14:55 p.m. However, on the same day, at 11:40 p.m., it was withdrawn and the police received an order to immediately release the suspect.
Telephone in advance – Rutkowska-Shmydyńska and Ostrowski intervention
According to the findings of the National Prosecutor's Office, there was direct intervention of Teresa Rutkowska-Shmydyńska, then head of the Regional Prosecutor's Office in Gdańsk between the submission of an application for arrest and its withdrawal. She recommended the release of Kinga R., even though she did not know the case file. She acted under the orders of Michał Ostrowski, who, as manager of the Department of economical Crime in the National Prosecutor's Office, called her earlier with akin orders.
According to investigators, Michał Ostrowski had no formal supervision of the case, and his intervention was unfounded in substance and legally. After the release of Kinga R. the investigation was stuck in a dead end, as prosecutors failed to find the Ukrainian citizens mentioned. The proceedings have now been suspended.
Deals above the law? Prosecutor Ostrowski was to intervene on the release of a suspected fraud 5Request to waive immunity
Thursday, May 29, 2025, The Department of interior Affairs of the National Prosecutor's Office made a request to the Chamber of Professional work of the ultimate Court to waive the immunity of Prosecutor Teresa Rutkowska-Shmydyńska. The Prosecutor's Office wants to charge her with Article 231(1) and Article 239(1) of the Criminal Code concerning abuse of powers and obstruction of criminal proceedings.
Article 231 § 1 k.k.: ‘A public authoritative who, in excess of his or her powers or in breach of his or her duties, acts in the public or private interest shall be subject to imprisonment until the age of 3.’
Article 239(1): “He who impedes or thwarts criminal proceedings by inciting false evidence or influences the course of proceedings shall be subject to imprisonment from 3 months to 5 years.”
Michał Ostrowski: “I don’t remember specified a case”
When asked by journalists about his function in this matter, Michał Ostrowski replied laconically: "I don't remember specified a case and I don't know Kingi R." However, according to unofficial information, Ostrowski's intervention may have been the consequence of force from 1 of the PiS government politicians whose acquaintance was to be linked to a suspect.
National Prosecutor's Office report: Investigation under political pressure
The described actions of Ostrowski and Rutkowska-Szmydyńska were included in the second study of the National Prosecutor's Office concerning investigations conducted under force from the Law and Justice Office. It points to a systemic problem of political interference in independent criminal proceedings which is simply a serious threat to the integrity and legality of law enforcement.
Further requests to waive immunity – Mirosław Wachnik case
In fresh weeks, the National Prosecutor's Office has besides made a motion to waive the immunity of Mirosław Wachnik – erstwhile Head of the territory Prosecutor's Office in Radom. Wachnik, presently dismissed from his post as deputy disciplinary spokesman, was to illegally charge prosecutor Józef Gack, liable for the civilian thread of the Smolensk investigation.
Gacek refused to press charges against Marian Janicki, erstwhile head of the BOR, which was to be displeased by the then head of the National Prosecutor's Office. Eventually, Wachnik himself made the decision to press charges in 2020, despite the opposition of the referee and his superior. After Adam Bodnar changed power and assumed the position of lawyer General, the investigation of Gack was dropped.
Systemic problem with politicising the prosecution
The cases of Kingi R. and Prosecutor Gack show in full light how profoundly rooted political influences were in the prosecutor's office during the regulation of the United Right. Pressures in advance, omission of procedures, ignoring the substantive positions of prosecutors – all this led to perverting the sense of criminal prosecution.
The actions of Michał Ostrowski and Teresa Rutkowska-Szmydyńska must be settled not only for legal reasons, but besides with a view to restoring citizens' religion in the independency of the prosecution.
Summary: Prosecutor's Office – political tool regardless of power
The cases described in this material clearly show that during the regulation of the United Right, the prosecution ceased to be an independent law enforcement agency and became a politically subordinate tool for fulfilling the will of Jarosław Kaczyński and Zbigniew Ziobra. It was utilized not only to defend its own officers and politicians, but besides to intimidate and destruct political opponents. The politicization of the prosecutor's office led to a situation where impunity of people from the area of power was systematically guaranteed.
However, despite the change in power following the 2023 parliamentary elections, the real situation has not improved significantly. The prosecution remains under clear political influence – with the difference that politicians of the Donald Tusk coalition are being protected today. Justice Minister Adam Bodnar, acting in the government structures of the current coalition, did not lead to a thorough depolitisation of this body. On the contrary, current practice shows that the fresh power besides uses the prosecution as an instrument of political protection of its own interests.
A flag example of this continuation of political protection is the case concerning the adoption by the Council of Ministers of a resolution in support of Israeli Prime Minister Benjamin Netanyahu to effectively prevent the execution of an arrest warrant issued by the global Criminal Court. Pursuant to global law and the provisions of the Polish Code of Criminal Procedure, Poland, as a organization to the Rome Statute, was obliged to execute a possible arrest warrant.
Meanwhile, the resolution of Donald Tusk's government – adopted at the direction of president Andrzej Duda – was a political act contrary to the applicable law. Despite the compound LEGA ARTIS Chancellery announcements of a suspected crime committed by Donald Tusk, members of his Council of Ministers and president of the Republic of Poland, the prosecution – inactive operating within the framework of a political protection umbrella – dropped the case. In the explanatory memorandum, mention was made to Article 17 § 1 point 2 of the General Court., i.e. ‘no prohibited action’.
Such action shows that the prosecution, despite changing power, inactive acts as a political guardian of the ruling interests. independency and equality towards the law, which should be the foundations of justice, stay an illusion in Poland.
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Deals above the law? Prosecutor Ostrowski was to intervene on the release of a suspected fraud
